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LAYMAN v. WOO

No. 96-390.

78 Ohio St.3d 485 (1997)

LAYMAN ET AL.; OHIO DEPARTMENT OF HUMAN SERVICES, APPELLEE, v. WOO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 28, 1997.

Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, and Robert J. Byrne, Assistant Attorney General, for appellee Ohio Department of Human Services.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Elizabeth E. Baer, Janis L. Small, Donald H. Switzer and Joseph A. Farchione, Jr., for appellants.

FRANCIS E. SWEENEY, SR., J.

In this case, we are asked to determine whether ODHS has a right of subrogation against defendants in a medical malpractice lawsuit for Medicaid benefits it expended on behalf of an injured plaintiff.

Appellants contend that R.C. 2305.27 prohibits ODHS from recovering Medicaid benefits from a defendant found negligent in a medical malpractice lawsuit. R.C. 2305.27, which has since been repealed by 1996 Am.Sub.H.B. No. 350,

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